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SACRAMENTO, Calif. (AP) — A California appeals court says it's legal to have small amounts of marijuana in prison — so long as inmates don't inhale.The 3rd District Court of Appeal ruled that California voters legalized recreational possession of less than an ounce (28 grams) of cannabis in 2016, with no exception even for those behind bars.But the court says state law does prohibit smoking weed in prison. Prison officials can also still punish pot possession as a rules violation."According to the plain language of ... Proposition 64, possession of less than an ounce of cannabis in prison is no longer a felony," the court ruled Tuesday. "Smoking or ingesting cannabis in prison remains a felony."RELATED: City votes in favor of marijuana production site in Kearny MesaThe court overturned the Sacramento County convictions of five inmates who had been found with marijuana in their prison cells."The voters made quite clear their intention to avoid spending state and county funds prosecuting possession of less than an ounce of marijuana, and quite clear that they did not want to see adults suffer criminal convictions for possessing less than an ounce of marijuana," Sacramento County Assistant Public Defender Leonard Tauman said in an email. The appeals court "quite properly honored what the electorate passed."Attorney General Xavier Becerra's office said it is reviewing the ruling and did not say if he will appeal.RELATED: Nevada becomes first state to ban pre-employment marijuana tests"We want to be clear that drug use and sales within state prisons remains prohibited," said corrections department spokeswoman Vicky Waters. She said the department "is committed to providing a safe, accountable environment for prisoners and staff alike and we plan to evaluate this decision with an eye toward maintaining health and security within our institutions."The three-judge panel rejected the state's argument that guards will lose control over prisons if inmates are free to possess small quantities of marijuana, noting that possession can still be punished as a rules violation with longer prison terms or a reduction in privileges.While prison officials can still punish inmates for violating the rules, "this ruling will prevent inmates from having years added to their sentences for simple possession, reducing overcrowding and saving ,000-75,000 a year in unnecessary costs," said Assistant Public Defender David Lynch.RELATED: More than 100 illegal pot farms busted in Anza, tons of weed seizedThe judges scolded the attorney general's office for a counter-argument it said "uses arcane rules" and "twists the meaning of the words of the statute."Becerra's office argued that the court's reading of the law was absurd because it in effect allows controlled substances into prisons. But the court noted that it previously ruled that it's not illegal for inmates to have properly prescribed medications or medical marijuana behind bars — though it may be against the rules."The Attorney General raises the same hackneyed and losing arguments in each case involving contraband in jails or prisons," the judges wrote.Lawmakers held "an over abiding consensus" in the 1940s that drug use by inmates was "the ultimate evil," they wrote. But those old laws belie "a gradual change in attitude" first toward medical and eventually toward recreational marijuana."As a matter of public policy, his position may be sound," the judges wrote. "The fact that the Attorney General may not agree with the voters does not empower us to rewrite the initiative."They ultimately concluded that "a result is not absurd because the outcome may be unwise." 3667

SACRAMENTO, Calif. (AP) — California Gov. Jerry Brown ordered new DNA tests that a condemned inmate says could clear him in a 35-year-old quadruple murder case, which has drawn national attention.On Monday, Brown ordered new testing on four pieces of evidence that Kevin Cooper and his attorneys say will show he was framed for the 1983 Chino Hills hatchet and knife killings of four people. The items that will be tested are a tan T-shirt and orange towel found near the scene and the hatchet handle and sheath.Brown also appointed a retired Los Angeles County Superior Court judge to serve as a special master overseeing the case.Cooper was convicted in 1985 of killing Doug and Peggy Ryen, their 10-year-old daughter Jessica and 11-year-old neighbor Christopher Hughes. Prosecutors say Cooper's claims of innocence have been disproven multiple times, including by prior DNA testing, but Cooper and his attorney argue evidence against him was planted."I take no position as to Mr. Cooper's guilt or innocence at this time, but colorable factual questions have been raised about whether advances in DNA technology warrant limited retesting of certain physical evidence in this case," Brown wrote in his executive order.New York Times' columnist Nicholas Kristof, U.S. Sen. Kamala Harris, state Treasurer John Chiang and reality television star Kim Kardashian are among people who called for Brown to order new DNA tests. Cooper had his execution stayed in 2004, which drew national attention at the time.The purpose of the new testing, he wrote, is to determine whether another suspect's DNA or the DNA of any other identifiable suspect is on the items. If the tests reveal no new DNA or DNA that cannot be traced to a person, "this matter should be closed," Brown wrote.Two previous tests showed Cooper, 60, was the killer, argued San Bernardino County District Attorney Mike Ramos. He previously said the tests proved Cooper had been in the home of the Ryens, smoked cigarettes in their stolen station wagon, and that Cooper's blood and the blood of at least one victim was on a T-shirt found by the side of a road leading away from the murders.Cooper's attorney, Norman Hile, said his client's blood was planted on the T-shirt, and that more sensitive DNA testing would show who wore it. He contends that investigators also planted other evidence to frame his client, a young black man who escaped from a nearby prison east of Los Angeles two days before the murders.Other evidence points to the killers being white or Hispanic, Cooper's supporters say.A San Diego judge in 2011 blocked Cooper's request for a third round of DNA testing.Cooper's scheduled execution in 2004 was stayed when a federal appellate court in San Francisco called for further review of the scientific evidence, but his appeals have been rejected by both the California and U.S. supreme courts. Former Gov. Arnold Schwarzenegger twice denied Cooper's clemency petitions.California hasn't executed anyone since 2006.Brown issued his Christmas Eve order alongside 143 pardons and 131 commutations. They are expected to be his last clemency actions as governor, but he has until he leaves office Jan. 7 to act. 3194

SACRAMENTO, Calif. (AP) — Lassen Volcanic National Park in northern California has temporarily banned overnight camping in some parts of its park after several interactions between campers and foraging bears. The decision was made to close down back-country camping in the Twin, Rainbow, Swan and Snag Lake areas after multiple visitors reported that bears had come to their campsites and searched their backpacks for food. The Sacramento Bee reported that the areas will remain open for hiking, but the park warns visitors to be careful. The National Park Service website said the policy will not only protect campers but “protect the bears by promoting the offending bear(s) to return to normal foraging behavior.” 724

SACRAMENTO, Calif. (KGTV) -- A proposition that would authorize billions for California educational facilities will appear on the March 2020 ballot. Proposition 13 authorizes a billion bond that would go to preschool and K-12 schools as well as universities and community colleges, according to Ballotpedia. A total of billion would be used for preschool and K-12 schools while billion will go to universities. Meanwhile, billion is set aside for community colleges. The California Legislative Analyst says the state would pay billion in total - billion in principal and billion in interest. The payments would be made over 35 years from the General Fund, Ballotpedia says. RELATED: Here's what happens if voters approve Measure B - Newland SierraThe analysis also shows that Prop 13 would cost taxpayers an additional 0 million per year for 35 years. According to Cal Matters, those in favor of the measure, including Governor Gavin Newsom, say it will focus on modernizing schools as opposed to new construction. Those against proposition 13, including the Howard Jarvis Taxpayers Association, say it would cause an increase in local property taxes and add to state debt and interest costs. “Like all bond debt, that must be paid ahead of any other priorities, even law enforcement,” the association says. “If there is a recession, too much debt puts us at risk of a reduction in services or demands for emergency tax increases at the worst possible time.”RELATED: Here's what happens if Measure C passesClick here to read more from the association. A “yes” vote supports proposition 13 while a “no” vote opposes the measure. Check out the breakdown below of how the money would be spent if approved: billion for preschool and K-12.8 billion for new construction of school facilities.2 billion for modernization of school facilities0 million for providing school facilities to charter schools0 million for facilities for career and technical education programs billion for universities billion for capital outlay financing needs of the California State Universities billion for capital outlay financing needs of the University of California and Hastings College of LawCommunity colleges billion billion for capital outlay financing needs of community colleges 2322

RICHMOND, Va - An EMT with the Richmond Ambulance Authority (RAA) is a one-of-a-kind essential worker to her family, and now she has the doll to prove it.April O'Quinn was one of five national winners in the "Heroes with Heart" contest, run by American Girl.Families were asked to nominate a hero fighting COVID-19 who risked their lives to help others during the pandemic.O'Quinn was nominated by her niece, Lacey, who lives in Texas. Lacey nominated her aunt after the EMT worker returned to work after recovering from COVID-19."The lung problems were probably the worst part for me. I couldn't lay down. I had to sit up. I slept sitting up," O'Quinn said.Emergency Medical Services seemed like the perfect fit for O'Quinn, and she didn't hesitate to return once doctors gave her the OK."She didn't hesitate for a moment," Lacey wrote on her contest submission, which was published by American Girl."I feel very fortunate that I only have the minor problems that I have and I can be back to work," O'Quinn said. "I like to get in there, help people, and then step back into the dark."O'Quinn got a phone call last month from Lacey with the exciting news."Lacey was on the other side screaming that we had won — I was in shock," O'Quinn said. "I had no words. I ended up crying because I couldn't say anything.""The excitement and smiles as she opened her hero doll were all worth it," she said.April is now one of five essential workers nationwide celebrated by American Girl."We at the Richmond Ambulance Authority are so excited for April and her niece Lacey. We're thankful American Girl held a contest to recognize our frontline heroes and are thrilled to have one of our employees represent EMS," RAA CEO Chip Decker said.The winners received a custom American Girl Doll and outfit in their hero's likeness and a 0 gift card."The stars and brightness in her face and eyes was amazing. It was all worth the pictures, even though I hate pictures," O'Quinn said.The review she cares about most is holding onto her doll thousands of miles away in Texas."It'll be something that neither one of us will ever forget. It's a bond that I'll hold with her forever," O'Quinn said.This story was originally published by Jake Burns on WTVR in Richmond, Virginia. 2267

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